Domestic Violence and Divorce: What You Should Know

Overview:  Domestic violence and divorce are two of the most difficult situations a person or family can face. When a relationship turns unsafe, either emotionally, physically, sexually or financially, it can be extremely confusing to understand what options the law provides and what the next steps should look like. Many people believe that the only way to seek protection is by filing for divorce, but under Indian law, there are multiple remedies available even before divorce, including emergency protection, residence rights, maintenance and criminal action.

This article offers a clear, easy-to-understand overview of your legal rights and remedies related to domestic violence and divorce in India. If you are considering divorce, or are unsure whether you should, understanding these options can help you make informed decisions about your safety, finances, children and future. 

Please Note: This is general information meant to empower you before you take legal steps; it is not a substitute for personalised legal advice.

1. What counts as “domestic violence” in law?

Under the Protection of Women from Domestic Violence Act, 2005 (“DV Act”), “domestic violence” is much broader than just hitting or physical injury.

Section 3 of the DV Act says domestic violence includes acts or behaviour in a domestic relationship that harm or endanger the aggrieved person’s physical or mental health, including physical, sexual, verbal/emotional and economic abuse, or threats of the same. Domestic Violence may be:

• One serious incident or a pattern over time.
• It covers spouses, ex-spouses, live-in partners and certain family members living in a “shared household.”
• The DV Act is formally focused on women, but domestic violence can be experienced by any gender. Men and non-binary persons must usually rely on general criminal law and civil remedies (see below).

You can read the Act on the official India Code website here.

2. Criminal law options under the Bharatiya Nyaya Sanhita, 2023

From 1 July 2024, the Bharatiya Nyaya Sanhita (“BNS”) has replaced the old Indian Penal Code. Under the BNS, domestic violence-type behaviour can amount to several criminal offences, depending on the facts:

1. Cruelty related to marriage (for wives)

• Section 85 BNS – Husband or relative subjecting a woman to cruelty: It punishes a husband or his relatives who subject a wife to “cruelty”, including serious physical/mental harm or harassment for dowry or other unlawful demands. 
• Section 86 BNS – Definition of cruelty: Explains that cruelty includes wilful conduct that is likely to drive the woman to suicide, cause grave injury or danger to her physical or mental health, or harassment for unlawful demands (for example, dowry).

These are criminal provisions through which cases are registered with the police, investigated, and tried in a criminal court.

2. Gender-neutral offences

Irrespective of gender, the following BNS offences may apply:

• Hurt and grievous hurt (assault causing bodily pain or serious injury)- Sections 114, 115, and 116.
• Wrongful restraint, criminal intimidation
• However, under sexual offences, protection remains limited for victims who are not women. If you are a male, transgender or non-binary person: you may avail general criminal-law protections (assault, hurt, intimidation, stalking under general force / criminal-force sections), but you may not reliably get protection under BNS’s sexual-offence chapters. If you are a woman (or a child), BNS’s sexual offences, stalking, voyeurism, and “outraging modesty” protections remain available.

3. Civil protection under the DV Act (2005)

A very important point: you do not have to file for divorce to get protection.

Under the DV Act, an “aggrieved woman” (including wives, former wives and women in marriage-like relationships) can approach the Magistrate alone, with a lawyer, or through a Protection Officer (free government helper in your district). Ask for orders to stop abuse, stay in your home, get rent money, medical costs, child support, or extra cash for pain. Courts aim to decide in 60 days, often giving emergency orders first. This works for wives, ex-wives, or live-in women; men use police for crimes like hurt or threats instead.

Under the DV Act, you can get protection orders (stop abuse/contact), residence rights (stay in home or make abuser leave), money for medical/losses/maintenance, compensation for emotional pain, and child custody. Cases move fast with quick emergency orders.

4. Maintenance and Financial Support 

Financial safety often matters as much as physical safety. Many people hesitate to leave or separate because they fear losing financial stability, housing, or support for children. Indian law provides several ways to seek maintenance and monetary relief even before divorce, regardless of who the spouse is. Please refer to this article [insert link] for a complete guide to maintenance in divorce.

1. Maintenance as per the DV Act

Unlike maintenance under the criminal law or personal laws, which may take longer, the DV Act allows a Magistrate to grant urgent and interim monetary relief to help the survivor maintain herself and her children.

Under Section 20 of the DV Act, a woman who has experienced domestic violence can seek “monetary relief” for expenses arising from the abusive situation. This includes:

• Living expenses / daily sustenance
• Medical treatment or injuries
• Loss of earnings
• Children’s education expenses
• Temporary or permanent maintenance

The court may also grant interim monetary relief under Section 23 while the case is ongoing, meaning support can be ordered at an early stage to prevent financial hardship.

1. Who Can Apply?

Only an “aggrieved woman” (including a wife, partner in a live-in relationship, former wife or female family member in a domestic relationship) can apply for maintenance under this Act. However, children (male or female) can also receive maintenance through her application.

2. Residence and Other Financial Protections

The DV Act also links maintenance to housing stability, ensuring survivors are not forced to choose between abuse and homelessness. The Act guarantees an aggrieved woman’s right to reside in the shared household, empowers courts to order alternate accommodation or the respondent’s eviction from it, and allows compensation for injuries including emotional distress and mental trauma.

3. Who Pays the Maintenance?

Maintenance is typically ordered against the husband or male partner/respondent responsible for abuse, but courts have discretion based on earning capacity.
The amount depends on:

• standard of living,
• needs of the survivor and children,
• respondent’s income & assets,
• medical/education expenses.

5. When does domestic violence become a ground for divorce?

Most Indian personal laws treat serious domestic violence as a form of “cruelty”, which is a recognised ground for divorce.

• Under the Hindu Marriage Act, Section 13(1)(ia) allows either husband or wife to seek divorce on the ground of cruelty—this includes physical, emotional and economic cruelty.
• The Special Marriage Act and other personal laws (Christian, Parsi, Muslim law as interpreted by courts and statutes) also recognise cruelty as a ground, though the wording and procedure differ. 

Courts have treated, for example: repeated physical abuse, serious verbal humiliation, sustained refusal of cohabitation without reason, and false criminal accusations as forms of mental or physical cruelty, depending on facts. 

You can also opt for divorce by mutual consent where both spouses agree to end the marriage and settle issues of maintenance, custody and property. 

6. Practical steps before you file for divorce

Whether you are a wife or a husband, and whatever your gender, it is wise to think of divorce as one part of a broader safety and stability plan.

1. Think about immediate safety

• If you or your children are in danger, contact the police (112/100) or the local women’s / emergency helpline (1090). You can refer to this article <link> for a list of national and city-wise emergency helplines.
• Reach out to trusted family, friends, or a local NGO for temporary shelter. Many states now appoint Protection Officers under the DV Act to coordinate such help. 

2. Preserve evidence

Whatever route you choose—DV proceedings, criminal case or divorce—evidence matters:

• Medical records, photographs of injuries or damaged property
• WhatsApp / SMS / email threats or abusive messages
• Bank statements showing financial control or denial of money
• Witnesses who have seen or heard the abuse

3. Organise basic documents

Before filing, try to collect:

• ID proofs of you and children
• Marriage certificate (if available)
• Basic financial documents (salary slips, bank statements, property papers)
• School records of children

These will be needed for maintenance, custody and property issues.

4. Get legal advice or legal aid

Laws are complex and differ by religion and fact-situation. Consider:

• Consulting a family-law advocate, or
• Approaching the District Legal Services Authority (DLSA) for free legal aid if you cannot afford a lawyer.

7. A note for husbands and male / other-gender survivors

Indian law is still uneven:

• The DV Act and BNS Section 85/86 are specifically framed to protect women. 
• However, men and other genders facing domestic violence can:
  • File criminal complaints for hurt, wrongful restraint, criminal intimidation, extortion, etc., under BNS.
  • Seek divorce on grounds of cruelty under their personal marriage law. 
  • Claim or defend maintenance under BNSS / personal laws where applicable. 

Courts are increasingly acknowledging that emotional and economic abuse can also be serious, regardless of the victim’s gender, though statutory reform is still catching up.

Whatever you choose, try not to go through it alone. A good lawyer or legal-aid lawyer plus a support network (family, friends, counsellor, NGO) can make a huge difference.

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Disclaimer: This post is for general information based on current Indian law (including BNS/BNSS) and should not be treated as specific legal advice. For your particular situation, please consult a qualified advocate in your jurisdiction.